Karuku (Migration)

[2018] AATA 4439

Karuku (Migration) [2018] AATA 4439 (12 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Nicholas Munene Karuku

CASE NUMBER:  1829088

DIBP REFERENCE(S):  BCC2018/2862551

MEMBER:M. Edgoose

DATE:12 November 2018

PLACE OF DECISION:  Melbourne, Victoria

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 12 November 2018 at 10:46am

CATCHWORDS
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – review application out of time – no jurisdiction

LEGISLATION
Migration Act 1958, ss 65, 347, 494C
Migration Regulations 1994, r 4.10

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision of a delegate of the Minister for Immigration on 21 August 2018 to refuse to grant a Student (Temporary) (Class TU) visa under s.65 of the Migration Act 1958 (the Act). The review application was lodged with the Tribunal on 4 October 2018. For the following reasons, the Tribunal has found that it has no jurisdiction to review the decision.

2. Pursuant to s.347(1)(b) of the Act and r.4.10 of the Migration Regulations 1994 (the Regulations) an application for review of this decision had to be made within 21 days after the applicant was notified of the decision in accordance with the statutory requirements.

3. The material before the Tribunal indicates that the applicant was notified of the decision by letter dated 21 August 2018 and dispatched by email (AAT Folio 15). The Tribunal is satisfied that the applicant was notified of the decision in accordance with the statutory requirements.

4. The applicant was contacted by the Tribunal on 9 October 2018 to comment on potential of no jurisdiction because it was lodged out of time by 23 October 2018. The applicant responded to the Tribunal via email (AAT Folio 24) on 1 November 2018 and stated the email had been received in his junk email and that he did not see the email until after the expiry date. The applicant also stated that his uncle has passed away during this time. 

5. The Tribunal finds that the applicant is taken to have been notified of the decision on 21 August 2018: s.494C of the Act. Therefore the prescribed period to apply for review ended on 11 September 2018.

6. As the application for review was not received by the Tribunal until 4 October 2018 it follows that the application for review was not made in accordance with the relevant legislation and the Tribunal has no jurisdiction in this matter.

   DECISION

7. The Tribunal does not have jurisdiction in this matter.

   M. Edgoose
   Member